Motion Practice: Drafting the Moving, Opposition, and Reply Papers (NJ)

by Practical Law Litigation

A Practice Note explaining how to draft pretrial motion papers in a civil action pending in the New Jersey Superior Court, Law Division, Civil Part (including in the Complex Business Litigation Program) or in a non-foreclosure action pending in the Chancery Division, General Equity Part. This Practice Note identifies the essential documents counsel must prepare when filing a motion, such as the notice of motion, a formal or letter brief, supporting affidavits or certifications, the proposed order, and proof of service (typically, a certification of service). This Practice Note also addresses the key components of opposition papers, reply papers, and cross-motions. It provides guidance on formatting and redacting motion papers according to the New Jersey Court Rules, requesting oral argument, adhering to page and character limits, and seeking permission from the court to file a sur-reply. By outlining these critical steps, this resource helps counsel avoid common drafting errors that could jeopardize a client's interests.